On Sat, 9 Sep 1995, Greg Broiles wrote:
the pleadings" (Fed. R. Civ. P. 26(a)(1)(B)). I don't see why Wollersheim couldn't comply with the discovery rules by providing plaintext copies of all relevant information, unless for some reason the passphrase is itself relevant.
Ah. but if there is no plaintext, the question is whether you comply with the rule by providing the encrypted text rather than plaintext. I would say you have to provide the plaintext in the absence of a legitimate privilege claim, but I don't recall a case to this effect (there is precedent for requiring translation of foreign language documents when the request is covered by an evidence conention; I don't recall if there are any such cases that fall purely under domestic US rules). Anyone have chapter and verse? A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax) Associate Professor of Law | mfroomki@umiami.ir.miami.edu U. Miami School of Law | P.O. Box 248087 | It's hot here. And humid. Coral Gables, FL 33124 USA | See (soon to move to its real home): http://www.law.miami.edu/~mfroomki